Bhulan Paswan @ Bulan Paswan @ Bulan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7286 of 2016 Arising Out of PS.Case No. -72 Year- 2012 Thana -BENIPATTI District- MADHUBANI ====================================================== Bhulan Paswan @ Bulan Paswan @ Bulan son of Late Shibu Paswan @ Sifu Paswan Resident of Village - Misrauli, P.S. - Simri, District - Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No.326 of 2014, arising out of Benipatti P.S. Case No.72 of 2012, registered for the offence punishable under Sections 395, 397 and 412 of the Indian Penal Code.

Earlier, the petitioner has moved for bail in Criminal Miscellaneous No.2828 of 2015 and this Court vide order dated 04.03.2015 rejected the same.

This Court had called for the status from the court below. In the report, it has been informed that altogether four witnesses have been examined and all of them have turned hostile and still two

Patna High Court Cr.Misc. No.7286 of 2016 (3) dt.09-03-2016 2/2 witnesses are yet to be examined by the Court below. In such view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, the Trial Court is directed to conclude the trial as early as possible preferably within a period of three months from the date of receipt/production of a copy of this Court as only two witnesses i.e. the Investigating Officer and doctor are yet to be examined. The trial Court shall ensure the production of the rest witnesses and record their evidence without unnecessary delay. With the aforesaid observations and directions, this application is rejected.

(Shivaji Pandey, J) pawan/- U